Brudos

Brudos v. Palmateer

Good Law
42 F. App'x 946
United States Court of Appeals for the Ninth CircuitAugust 2, 2002No. 01-35846; D.C. No. CV-99-01058-AACalifornia1,398 words

Opinion

Lead Opinion

MEMORANDUM **

Jerome Brudos pled guilty to three counts of murder in Marion County, Oregon, and received three consecutive life sentences. At the time of his plea, a life sentence allowed for the possibility of parole. Brudos’ biennial parole hearings were terminated in 1995, and he began receiving biennial consideration for a parole hearing in 1996. Brudos filed a petition for writ of habeas corpus, claiming that the Oregon Board of Parole and Post-Prison Supervision’s (“Parole Board’s”) decision to convert his parole hearings violated his due process rights. We affirm the district court’s decision to dismiss the petition.

I. Facts and Prior Proceedings

In 1969, when Brudos pled guilty, former Or.Rev.Stat. § 144.240 (repealed 1973) provided:

The Parole Board was required to bring “before it all information regarding such convicted person” within six months of incarceration, and after that from “time to time.” Former Or.Rev.Stat. § 144.220 (repealed 1975).

In 1975, Or.Rev.Stat. § 144.220 was repealed and replaced by former Or.Rev. Stat. § 144.221 (repealed 1977). The latter statute, made retroactive to previously convicted persons like Brudos, provided in relevant…

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